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Reasons
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(영문) 의정부지방법원 고양지원 2013.03.29 2012고단564
사기
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually runs (Korean representative E) D (Korean representative E) who is a scrap metal removal business entity.

On March 23, 2011, the Defendant made a false statement to the victim G at the Defendant’s office located in Seoyang-gu Seoul Metropolitan Government, stating that “If the Defendant’s wife deposits KRW 100 million to (oil)D with his own wife’s representative, the Seo-gu Incheon Metropolitan City H Urban Development Project would make a non-stock equivalent to KRW 100 million arising from the site of the removal of the area.” However, on March 21, 2005, the Defendant entered into a contract on the condition of “A: I, B, J, contract amount of KRW 1.3 billion,” and “I, B, J, and 1.3 billion,” and the Defendant agreed to pay KRW 1.3 billion to the Defendant for the above contract amount of KRW 1.3 billion and paid KRW 1.3 billion to the Defendant under the name of the victim even if he was not able to prepare the said contract as a person with bad credit standing, and thus, was unaware of KRW 1.3 billion.1 billion.2 billion.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and I's respective legal statements;

1. Each legal statement of witness L and M in part;

1. A protocol concerning the suspect examination of the accused;

1. Part concerning G statement of the police suspect examination protocol against the accused;

1. Protocol of the police statement concerning G;

1. Determination as to the Defendant’s assertion on a sales contract, the details of passbook transaction (N), the contract, the scrap metal sales contract, the business registration certificate, and the investigation report (I currency)

1. The Defendant asserted that, at the time of concluding the instant sales contract as of March 23, 201 (hereinafter “instant sales contract”), the Defendant is a joint purchaser, namely, the content of the sales contract for scrap metal and scrap metal of KRW 1.3 billion entered into between the Defendant and the nuclear transport (hereinafter “original sales contract”).

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